Question to the EC: Almaraz nuclear plant: compliance with European standards

See Francisco Guerreiro’s question to the European Commission and the written answer on Almaraz nuclear plant and compliance with European standards.

Subject: Almaraz nuclear plant: compliance with European standards 

On 27 June 2020, the Almaraz nuclear power plant in Spain recorded an incident at its unit II reactor. This is the second incident in five days recorded at the power station, which is located by the Tagus River near the border with Portugal. Since the episode is provisionally classified at level 0 on the International Nuclear and Radiological Event Scale (INES), Spain is not required to inform the Commission. 

However, this is not the first incident of its kind at the plant. In 2015, for example, it was revealed that fire safety surveillance data had been falsified. In 2017, Portugal called on Spain to conduct a cross-border impact assessment of a nuclear landfill in the immediate proximity of its border with Portugal, seeking Commission mediation also. 

1. Has Directive 2014/87/Euratom finally been transposed into Spanish law (Infringement No 20182121)? 

2. Has the Commission received any communication from the plant licensee regarding nuclear investment projects, as required by the Euratom Treaty? 

3. Does the Almaraz plant meet the safety standards necessary to remain in operation up to 2028?

Answer in writing

Maintaining the highest level of nuclear safety is a key policy objective for the Commission. In this context, the Commission carefully monitors the complete and adequate implementation of the Nuclear Safety Directive(1) by Member States. By the transposition deadline of 15 August 2017, Spain had only communicated partial transposition measures to the Commission. 

A letter of formal notice was sent on 8 June 2018(2), following which Spain notified additional transposition measures and declared the transposition complete. The Commission closed the infringement case on 25 July 2019. The Commission is currently examining the conformity of the Spanish transposition measures with the requirements of the directive. It may launch an infringement procedure in case any substantive issues are detected.

The primary responsibility for the safe operation of nuclear power plants (NPPs) lies with the licence holder, under the control of the national regulator that issues the operation licence(3). It is for the national regulator to verify that the conditions set for a licence extension, including that delivered following a periodic safety review, are met by the operator. 

According to the Euratom Treaty, all investment projects related to replacement or conversion of an installation that fulfil the criteria laid down by the Council(4) must be notified to the Commission. To date, the Commission has not received notification of any investment project related to the long-term operation of the Almaraz NPP. The Commission is not aware of any recent actions of the Portuguese Government to discuss with the Spanish Government the early closure of the Almaraz NPP.

(1)       Council Directive 2009/71/Euratom of 25.6.2009 as amended by Council Directive 2014/87/Euratom of 8.7.2014.

(2)       Case 2018/2121 (incomplete transposition of the directive).

(3)       The operator of the Almaraz NPP intends to invest in safety and security enhancements, following the extension of its operation licence until 2027 (unit 1) and 2028 (unit 2). On 07.05.2020 the CSN (Spanish Nuclear Security Council) informed about the extension of the operation licence with conditions and limitations:

https://www.csn.es/noticias-csn/2020/-/asset_publisher/7wHne5sV6dgf/content/el-pleno-del-csn-informa-favorablemente-una-modificacion-de-las-especificaciones-tecnicas-de-funcionamiento-etf-de-la-central-nuclear-de-almaraz

On 25.07.2020 CNAT (the operator of Almaraz-Trillo Nuclear Power Plants) communicated that the Spanish Ministry for Energy Transition has authorised its operation until 2027-28:

https://www.cnat.es/notpdf/250720%20NI%20AEX%20CNA.pdf

(4)       See Council Regulation (Euratom) No 2587/1999 of 2 December 1999 defining the investment projects to be communicated to the Commission in accordance with Article 41 of the Treaty establishing the European Atomic Energy Community, OJ L 315, 9.12.1999, p. 1‐3.

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